Colt v. Davis
New York Supreme Court
Appeal from special term, Saratoga county. Action by Jessie L. Colt against George K. Davis, formed by the consolidation of two actions, each upon a promissory note. The fifth defense was the note given by Bobert A. dolt to defendant. Defendant appeals.
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Appeal from special term, Saratoga county. Action by Jessie L. Colt against George K. Davis, formed by the consolidation of two actions, each upon a promissory note. The fifth defense was the note given by Bobert A. dolt to defendant. Defendant appeals. The following are the sections of Code Civil Proc. 2L Y. referred to in the opinion: “See. 537. If a demurrer, answer, or reply is frivolous, the party prejudiced thereby * * * may apply * * * for judgment thereupon, and judgment may be given accordingly. * * *” “See. 538. A sham answer or a sham defense may be stricken out by the court,” etc.
1Opinion of the CourtLearned, P. J.
An action was brought January 30, 1888, by plaintiff against defendant, on a promissory note for $5,000, signed by defendant and *355John I. Davis, payable to the order of “Mrs. Robert A. Colt. ” Another action was brought February 21, 1888, by plaintiff against defendant, on another note for $2,000, signed by defendant, and payable to plaintiff’s order. Each complaint alleges that plaintiff is the holder and owner of the note therein described. To each complaint the defendant put in an answer; defenses 2 and 3 denying information and belief that plaintiff is the holder and owner of the note, and…
2Cases cited3 opinions
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- Strong v. . SproulNew York Court of Appeals · 1873
- Conselyea v. . SwiftNew York Court of Appeals · 1886
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